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Part SCHEDULE 4 - Constitution, Mem - Occupational Licensing Act 2005 - SCHEDULE 4 - Constitution, Membership and Meetings of Board | Zoe

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Occupational Licensing Act 2005

SCHEDULE 4 - Constitution, MemSCHEDULE 4 - Constitution, Membership and Meetings of Board

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SCHEDULE 4 - Constitution, Mem SCHEDULE 4 - Constitution, Membership and Meetings of Board

1. Constitution of Board

[Schedule 4 Amended by No. 26 of 2016, s. 58, Applied:01 Jan 2017] The Board is to consist of –

(a) the Administrator; and

(b) at least 6, but not more than 8, other members appointed by the Minister on the advice of the Administrator.

2. Qualifications for membership

(1) [Schedule 4 Amended by No. 26 of 2016, s. 58, Applied:01 Jan 2017] A person is not eligible for appointment as a member of the Board under clause 1(b) unless –

(a) the person has significant qualifications, knowledge and experience relevant to the Board's functions; or

(b) where, under section 7(2) , an occupation, trade or calling is added to Schedule 2 , the person has, in the opinion of the Minister, knowledge and experience relevant to that occupation, trade or calling.

(2) [Schedule 4 Amended by No. 26 of 2016, s. 58, Applied:01 Jan 2017] The members of the Board must collectively have significant qualifications, knowledge and experience, with respect to the occupations, trades and callings to which this Act applies, relating to practitioners, building services providers, contractors, training, infrastructure, law, administration, consumer affairs, local government and insurance.

3. Chairperson

[Schedule 4 Amended by No. 26 of 2016, s. 58, Applied:01 Jan 2017] The Chairperson of the Board is the Administrator.

4.

5. Disclosure of pecuniary interests

(1) A member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Board, other than a determination as to the remuneration and allowances payable to a member, is required, as soon as possible after the relevant facts have come to the member's knowledge, to disclose the nature of the interest at a meeting of the Board if the interest appears to raise a conflict with the proper performance of the member's duties in relation to the consideration of the matter.

(2) A disclosure by a member at a meeting of the Board that the member –

(a) is a member, or is in the employment, of a specified company or other body; or

(b) is a partner, or is in the employment, of a specified person; or

(c) has some other specified interest relating to a specified company or other body or a specified person –

is sufficient disclosure of the nature of the interest in any matter or thing relating to that company or other body or to that person which may arise after the date of the disclosure and which is required to be disclosed under subclause (1) .

(3) Particulars of any disclosure made under this section are to be recorded in a book kept for the purpose and that book is required to be open at all reasonable hours for inspection by any person on payment of a fee determined by the Board.

(4) After a member has disclosed the nature of an interest in any matter or thing under subclause (1) , the member may not, unless the other members of the Board concerned otherwise determine, be present during any deliberation, or take part in any decision, of the Board with respect to that matter or thing.

(5) For the purposes of the making of a determination by other members under subclause (4) , a member who has a direct or indirect pecuniary interest in a matter to which the disclosure relates may not –

(a) be present during any deliberation of those members for the purposes of making the determination; or

(b) take part in the making of the determination by the other members.